Alberta Gazette — 15 April (ii)
0415 ii
Alberta — Gazette
Alberta Regulation 43/96
Marketing of Agricultural Products Act
TURKEY MARKETING AMENDMENT REGULATION
Filed: March 20, 1996
Made by the Alberta Turkey Growers Marketing Board pursuant to sections 26
and 27 of the Marketing of Agricultural Products Act.
1 The Turkey Marketing Regulation (Alta. Reg. 397/88) is amended by this
Regulation.
Section 1(
t) is repealed and the following is substituted:
(t) "production facility" means the buildings and improvements in
which turkeys are produced and the land on which those buildings and
improvements are located;
------------------------------
Alberta Regulation 44/96
Government Organization Act
DESIGNATION AND TRANSFER OF RESPONSIBILITY
AMENDMENT REGULATION
Filed: March 20, 1996
Made by the Lieutenant Governor in Council (O.C. 115/96) pursuant to
section 16 of the Government Organization Act.
1 The Designation and Transfer of Responsibility Regulation (Alta. Reg.
398/94) is amended by this Regulation.
Section 2 is amended
(
a) in subsection (1) by striking out the following:
Motor Vehicle Administration Act
Off-highway Vehicle Act except for
section 30(
a) to (c),
(
j) and (
l) to (q)
(
b) in subsection (3) by striking out "and
section 30(
a) to (c),
(
j) and (
l) to (
q) of the Off-highway Vehicle Act".
Section 4 is amended by adding the following after clause (b):
(
c) Motor Vehicle Administration Act;
(
d) Off-highway Vehicle Act.
4 The Justice Administrative Transfer Order (Alta. Reg. 13/93) is amended
section 1
(
a) in subsection (1) by repealing clauses (f), (u), (ff), (ss),
(vv), (iii), (jjj), (nnn), (ooo), (qqq), (ttt) and (tttt);
(
b) by repealing subsection (3).
5 This Regulation comes into force on April 1, 1996.
------------------------------
Alberta Regulation 45/96
Mines and Minerals Act
PRESCRIBED AMOUNTS (NATURAL GAS ROYALTY)
AMENDMENT REGULATION
Filed: March 20, 1996
Made by the Deputy Minister of Energy (M.O. 10/96) pursuant to
section 6 of
the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93).
1 The Prescribed Amounts (Natural Gas Royalty) Regulation (Alta. Reg.
36/95) is amended by this Regulation.
Section 4 is amended by adding the following after subsection (13):
(14) The following prices are prescribed for the January 1996
production month:
Item Price
Gas Reference Price $ 1.62 per gigajoule
Gas Par Price $ 1.39 per gigajoule
Pentanes Reference Price $154.42 per cubic metre
Pentanes Par Price $151.58 per cubic metre
Propane Reference Price $127.64 per cubic metre
Butanes Reference Price $ 89.96per cubic metre
Section 5 is amended by adding the following after subsection (13):
(14) The following allowances per cubic metre are prescribed for
the January 1996 production month:
Item Price
Fractionation Allowance $7.00
Transportation Allowance Region Region Region Region
1 2 3 4
(
a) pentanes plus described in s6(7)(b)(
i) of the Natural Gas
Royalty Regulation, 1994 (Alta. Reg. 351/93)
$4.38 $5.91 $8.93 $6.34
(
b) propane and butanes described in s6(7)(b)(ii) of the Natural
Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)
$5.62 $6.15 $8.20 $3.97
(
c) pentanes plus, propane and butanes described in s6(7)(b)(iii)
of the Natural Gas Royalty Regulation, 1994 (Alta. Reg. 351/93)
$7.83 $9.13 $11.10 $11.65
Storage Allowance for pentanes plus, propane and butanes
$0.00
------------------------------
Alberta Regulation 46/96
Alberta Corporate Tax Act
ROYALTY TAX CREDIT REFERENCE PRICE
AMENDMENT REGULATION
Filed: March 27, 1996
Made by the Minister of Energy (M.O. 9/96) pursuant to
section 5.2(3) of
the Alberta Corporate Tax Regulation (Alta. Reg. 105/81).
1 The Royalty Tax Credit Reference Price Regulation (Alta. Reg. 151/95)
is amended by this Regulation.
2 The following is added after
section 5:
Price to June 30, 1996
6 The royalty tax credit reference price for the period ending June
30, 1996 is $127.64.
------------------------------
Alberta Regulation 47/96
Government Organization Act
SOCIAL SERVICES GRANT AMENDMENT REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 123/96) pursuant to
section 13 of the Government Organization Act.
1 The Social Services Grant Regulation (Alta. Reg. 345/86) is amended by
this Regulation.
Section 1 is amended by renumbering it as
section 1(1) and adding the
following after subsection (1):
(2) The Minister is authorized to make grants, that are
unconditional as to their uses, to municipalities and Metis Settlements, in
accordance with this Regulation.
(3) In this
section "municipality" means a city, town, village,
summer village, municipal district, specialized municipality, improvement
district or a special area.
Section 6 is amended by adding the following after subsection (2):
(3) This
section does not apply to a grant authorized under
section
1(2).
Section 7 is renumbered as
section 7(1) and the following is added
after subsection (1):
(2) This
section does not apply to a grant authorized under
section
1(2).
5 This Regulation comes into force on April 1, 1996.
Alberta Regulation 48/96
Government Organization Act
ELEVATING DEVICES ADMINISTRATION REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 124/96) pursuant to
Schedule 10,
section 2 of the Government Organization Act.
Table of Contents
Definitions 1
Association delegation, authorization 2
Agency delegation 3
Conditions 4
Money 5
Limiting legal liability 6
Appeal rights 7
Records 8
Reporting 9
Coming into force 10
Expiry 11
Schedule
Definitions
1 In this Regulation,
(a) "Act" means the Government Organization Act;
(b) "Administration Agreement" means a written agreement made
between the Minister and the Elevating Devices Association entitled
Administration Agreement;
(c) "amusement ride" means, for the purposes of this Regulation,
amusement ride within the meaning of a CSA code declared in force under the
Safety Codes Act;
(d) "Authorized Agency" means an organization listed in the
Schedule that has
(
i) entered into a contract with an owner of an
elevating device or the Elevating Devices Association, and
(ii) entered into an Authorization Agreement;
(e) "Authorization Agreement" means a written agreement made
between the Minister and an organization listed in Schedule;
(f) "elevating device" means, for the purposes of this Regulation,
an elevating device within the meaning of the Safety Codes Act but does not
include aerial tramways, chairlifts, ski tows, rope tows or amusement
rides;
(g) "Elevating Devices Association" means the Alberta Elevating
Devices and Amusement Rides Safety Association incorporated under the
Societies Act;
(h) "Freedom of Information Co-ordinator" means an employee under
the administration of the Minister, designated by the Deputy Minister as a
Freedom of Information Co-ordinator;
(i) "inspection report" means a report issued by an inspector
pursuant to an inspection under
section 7 of the Codes and Procedures
Regulation (Alta. Reg. 177/92) or
section 11 of the Amusement Rides
Regulation (Alta. Reg. 270/89);
(j) "Minister" means the Minister determined under
section 16 of
the Government Organization Act as the Minister responsible for the Safety
Codes Act and "Deputy Minister" means the deputy of that Minister;
(k) "permit" includes, for the purposes of this Regulation, a
certificate of construction, a certificate of alteration and a certificate
of operation under the Codes and Procedures Regulation (Alta. Reg. 177/92);
(l) "rules" means rules made by the Elevating Devices Association
pursuant to
section 3 of
Schedule 10 of the Act;
(m) "safety examination report" means a safety examination report
issued pursuant to
section 10(2) of the Codes and Procedures Regulation
(Alta. Reg. 177/92).
Association delegation, authorization
2(1) The powers, duties and functions of
(
a) an inspector under the Codes and Procedures Regulation (Alta.
Reg. 177/92) and the Amusement Rides Regulation (Alta. Reg. 270/89), and
(
b) a safety codes officer under
(
i) section 30 of the Safety Codes Act for the purposes
of conducting inspections of elevating devices and amusement rides,
(ii)
section 31 of the Safety Codes Act for demanding
the production of documents and records in respect of elevating devices and
amusement rides,
(iii) sections 40 and 42 of the Safety Codes Act for the
purposes of issuing, suspending and cancelling permits for elevating
devices and amusement rides,
(iv)
section 34 of the Safety Codes Act for the purposes
of issuing variances for elevating devices and amusement rides,
(
v) section 44 of the Safety Codes Act for the purposes
of investigating accidents in respect of elevating devices and amusement
rides,
(vi)
section 45 of the Safety Codes Act for the purposes
of issuing orders in respect of elevating devices and amusement rides, and
(viii)
section 52(1) of the Safety Codes Act for the
purpose of enforcement of an order in respect of elevating devices and
amusement rides,
are delegated to the Elevating Devices Association.
(2) The powers, duties and functions of an Administrator under
section 36
of the Safety Codes Act for the purposes of registering designs in respect
of elevating devices are delegated to the Elevating Devices Association.
(3) The Elevating Devices Association, with respect to the powers, duties
and functions delegated to it under this Regulation is authorized to
(
a) impose on persons, with the approval of the Minister,
assessments, fees and charges, and
(
b) collect money from the levy of the assessments, fees and
charges from persons.
who apply for or are provided a service, material or program.
(4) At the request of the Minister, the Elevating Devices Association is
authorized to provide advice to the Minister on any power, duty or function
delegated to it or relating to the administration or operation of any
matter delegated to it.
Agency delegation
3 The powers, duties and functions of a safety codes officer under
(
a) section 30 of the Safety Codes Act for the purposes of
conducting inspections of elevating devices and amusement rides,
(
b) section 31 of the Safety Codes Act for demanding the production
of documents and records in respect of elevating devices and amusement
rides,
(
c) section 34 of the Safety Codes Act for purposes of issuing
variances for elevating devices and amusement rides,
(
d) section 45 of the Safety Codes Act for purposes of issuing
orders in respect of elevating devices and amusement rides, and
(e)
section 52(1) of the Safety Codes Act for the purposes of
enforcement of an order in respect of elevating devices and amusement
rides,
are delegated to the Authorized Agencies.
Conditions
4(1) The delegation under
section 2 is subject to the following
conditions:
(
a) that the Elevating Devices Association must comply with this
Regulation and may only exercise its powers, duties, functions and
authorizations, under this Regulation, in accordance with the
Administration Agreement;
(
b) neither the Elevating Devices Association nor any safety codes
officer employed or engaged by it may lay an information to prosecute any
person under the Safety Codes Act, or regulations under that Act, without
the consent of the Deputy Minister;
(
c) in accordance with the standards established in
Part 1 of the
Freedom of Information and Protection of Privacy Act, all confidential
information acquired by the Elevating Devices Association, its directors,
officers, employees and agents in the course of carrying out their powers,
duties and functions under this Regulation must be kept confidential and
not be made known to any other person except as is necessary to carry out
those powers, duties and functions and the privacy of each individual must
be protected from unreasonable invasion;
(
d) the Elevating Devices Association must meet a standard of
personal privacy established in
Part 1 of the Freedom of Information and
Protection of Privacy Act in the course of carrying out the powers, duties
and functions delegated to it under this Regulation;
(
e) if the Elevating Devices Association receives a request for
information under the Freedom of Information and Protection of Privacy Act,
the request must be directed to the Freedom of Information Co-ordinator,
and the Elevating Devices Association must respond to the request as
instructed by the Co-ordinator, and with the consent of the Minister the
Association may disclose information;
(
f) the Elevating Devices Association must designate a person to be
responsible for records management;
(
g) all computer software and systems used or developed by the
Elevating Devices Association for carrying out their powers, duties and
functions under this Regulation, the information on them, and anything
generated or capable of generation by them, is owned by the Government of
Alberta.
(2) The delegation under
section 3 is subject to the following conditions:
(
a) that Authorized Agencies must comply with this Regulation;
(
b) no Authorized Agency listed in the
Schedule may lay an
information to prosecute any person under the Safety Codes Act, or
regulations under that Act, without the consent of the Deputy Minister;
(
c) that Authorized Agencies exercise their delegated powers and
perform their delegated duties and functions only when working pursuant to
a contract with the Elevating Devices Association.
Money
5(1) The Elevating Devices Association must
(
a) record and account for all money received by it under the
authority of this Regulation, in accordance with generally accepted
accounting principles, and
(
b) give receipts for the money received, on the request of the
person paying the money.
(2) The Elevating Devices Association is authorized to use the money
collected by it under this Regulation to pay costs incurred in carrying out
its powers, duties and functions delegated under this Regulation.
Limiting legal liability
6(1) No action lies against the Elevating Devices Association, all or any
of its directors, officers, agents or employees for anything done or not
done by any of them in good faith while carrying out their powers, duties
and functions under this Regulation.
(2) When carrying out its powers, duties and functions in good faith under
this Regulation, the Elevating Devices Association, its directors,
officers, employees and agents are not liable for any damage caused by a
decision related to the system of inspections, examination, evaluations and
investigations, including but not limited to a decision relating to their
frequency and how they are carried out.
(3) If the Elevating Devices Association engages, in good faith, the
services of an accredited agency under the Safety Codes Act to carry out
its powers, duties and functions under this Regulation, the Elevating
Devices Association is not liable for any negligence or nuisance of the
accredited agency that causes an injury, loss or damage to any person or
property.
Appeal rights
7(1) In accordance with
section 2(2)(
b) of
Schedule 10 of the Act, a
person who is affected by an action taken or decision made by
(
a) the Elevating Devices Association or its directors, officers,
agents or employees, or
(
b) an Authorized Agency, its directors, officers, agents or
employees
in the carrying out of a power, duty or function under this Regulation may,
when an appeal is not provided for in the Safety Codes Act, appeal the
action or decision to the Minister.
(2) The Minister may decide whether to hear an appeal under subsection
(1).
(3) On hearing an appeal the Minister may confirm, vary or revoke the
action or decision that is the subject-matter of the appeal.
(4) A decision made by the Minister with respect to an appeal under this
section is final.
Records
8(1) The Elevating Devices Association must maintain records in the
elevating devices discipline, in a form acceptable to the Administrator,
with respect to
(
a) the receiving of applications for permits,
(
b) the issuance of permits,
(
d) the expiry of permits,
(
e) the suspension of a permit,
(
f) the cancellation of a permit,
(
g) notifications of permit renewals,
(
h) renewals of permits,
(
i) notification of the requirement for a safety examination
report,
(
j) safety examination reports,
(
k) inspection reports,
(
l) identification numbers issued by a safety codes officer with
respect to an elevating device,
(
m) the receiving of fees for any service provided pursuant to this
Regulation,
(
n) the issuance of orders,
(
o) applications for inspections made to the Elevating Devices
Association pursuant to
section 7 of the Codes and Procedures Regulation
(Alta, Reg. 177/92),
(
p) inspections made pursuant to
section 7 of the Codes and
Procedures Regulation (Alta. Reg. 177/92),
(
q) accidents and incidents of unsafe conditions,
(
r) appeals made under this Regulation, and
(
s) any other matter related to elevating devices that is requested
by the Minister.
(2) The Elevating Devices Association must maintain records with respect
to amusement rides in a form acceptable to the Administrator regarding
(
a) the receiving of applications for permits,
(
b) the issuance of permits,
(
d) the expiry of permits,
(
e) the itinerary of amusement rides pursuant to
section 8 of the
Amusement Rides Regulation (Alta. Reg. 270/89),
(
f) the suspension of a permit,
(
g) the cancellation of a permit,
(
h) the receiving of fees for any service provided pursuant to this
Regulation,
(
i) the issuance of orders,
(
j) tests and inspections made pursuant to
section 11 of the
Amusement Rides Regulation (Alta. Reg. 270/89),
(
k) appeals made under this Regulation, and
(
l) any other matter related to amusement rides that is requested
by the Minister.
(3) All records in the custody or under the control of the Elevating
Devices Association that are required for carrying out its powers, duties
and functions under this Regulation must be managed, maintained and
disposed of in accordance with subsection (4) and
(
a) the Records Management Regulation (Alta. Reg. 57/95) and the
Schedule pursuant to that Regulation that applies to the records as
approved by the Alberta Records Management Committee, or
(
b) a regulation that replaces the Records Management Regulation
(Alta. Reg. 57/95).
(4) The following conditions apply to the records described in subsection
(3):
(
a) management of the records must be under the direction of a
Senior Records Officer who is an employee under the administration of the
Minister;
(
b) the Elevating Devices Association must designate a person to be
responsible for records management and privacy matters;
(
c) in accordance with the standards established in
Part 1 of the
Freedom of Information and Protection of Privacy Act, all confidential
information acquired by the Elevating Devices Association and its
directors, officers and employees must be kept confidential and the privacy
of each individual must be protected from unreasonable invasion, and the
Elevating Devices Association must establish appropriate rules and make
reasonable security arrangements to protect personal information against
such risks as unauthorized access, collection, use, disclosure or disposal
of personal information;
(
d) all records created or maintained in the course of carrying out
the powers, duties and functions under this Regulation become and remain
the property of the Crown in right of Alberta;
(
e) the Elevating Devices Association must, with the consent of the
Minister, provide to the Freedom of Information Co-ordinator any records
requested by the Freedom of Information Co-ordinator, within 7 days of a
request being made.
Reporting
9 The Elevating Devices Association must report on its activities to the
Minister at least once a year, at a time and in a manner specified in the
Administration Agreement and in accordance with
section 10 of
Schedule 10
of the Act.
Coming into force
10 This Regulation comes into force on April 1, 1996.
Expiry
11 For purposes of ensuring that this Regulation is reviewed for ongoing
relevancy and necessity, with the option that it may be repassed in its
present or amended form following a review, this Regulation expires March
31, 2001.
SCHEDULE
Row
Organization
Address
Action Elevator Safety Services
108 Cantrell Drive SW
Calgary, Alberta T2W 2M6
Alberta Elevator Safety Inspection & Consulting
Suite 302, 718 - 12 Avenue SW Calgary, Alberta T2R 0H7
C & M Elevator Maintenance Ltd.
216 - 39 Avenue NE
Calgary, Alberta T2E 2M5
Dover Corporation (Canada) Ltd.
Suite 604, 10216 - 124 St. Edmonton, Alberta T5N 4A3
Dover Corporation (Canada) Ltd.
Unit 4, 6320 - 11 St. SE
Calgary, Alberta T2H 2L7
Eco Medical Equipment
18131 - 107 Ave.
Edmonton, Alberta T5S 1K4
Elcor Elevator Services
140, 14315-118 Ave.
Edmonton, Alberta T5L 4S6
Elcor Elevator Services
4412 Manilla Road SE
Calgary, Alberta T2G 4B7
Elevating Devices and Amusement Rides, Safety Association
11th Flr., Sterling Place
9940 - 106 St.
Edmonton, Alberta T5K 2N2
H & H Care
1, 2720 - 12 St. NE
Calgary, Alberta T2E 7N4
Handiwheels Company Ltd.
603 - 77 Ave. SE
Calgary, Alberta T2H 2B9
Healthcare and Rehab Specialities
1-630-1st Ave. NE
Calgary, Alberta T2E 0B6
Healthcare and Rehab Specialities
10535 - 108 St.
Edmonton, Alberta T5H 2Z8
Hoffer Enterprises Ltd.
449-3223 83 St. NW
Calgary, Alberta T3B 2P9
Inter-City Elevator Inc.
37 Higgins Ave
Winnipeg, Manitoba R3B 0A7
KJA Consultants Inc.
Suite 1804, 727 6 Ave. SW Calgary, Alberta T2P 0V1
J.W. Elevator Consulting Services
238 Dalhurst Way NW
Calgary, Alberta T3A 1P4
Magnum Elevator Company
102, 1492 MacDonald Dr.
Fort McMurray, Alberta
T9H 4H3
Medicine Hat Regional Hospital
666 - 5 St. SW
Medicine Hat, Alberta
T1A 4H8
MediChair
4 - 6325-11 St. SE
Calgary, Alberta T2H 2L6
Medichair Red Deer
10 - 7667 Gaetz Ave.
Red Deer, Alberta T4P 1M6
Mobility Plus Ltd.
105, 239 Midpark Way SE Calgary, Alberta T2X 1M2
C.A. Mohr Elevator Consulting Ltd.
Box 55067 Temple Postal Outlet 7196 Temple Drive NE
Calgary, Alberta T1Y 4E0
Montogomery Kone Elevator Co.
24 - 666 Goddard Ave. NE Calgary, Alberta T2K 5X3
Montgomery Kone Elevator Co.
14202 - 128 Ave.
Edmonton, Alberta T5L 3H5
Northern Elevator Service Ltd.
12301A - 100 St.
Grande Prairie, Alberta
T8V 4H1
Otis Canada Inc.
1230 - 10 Ave. SW
Calgary, Alberta T3C 0J2
Otis Canada Inc.
10617 - 172 St.
Edmonton, Alberta T5S 1P1
Ram Manufacturing Ltd.
10808 - 178 Street
Edmonton, Alberta T5S 1J3
R & E Elevator Ltd.
24 Newlands Ave.
Red Deer, Alberta T4P 1Z9
Ram Manufacturing Ltd.
9839 - Palistone Rd SW
Calgary, Alberta T2V 3W1
Schindler Elevator Corporation
10527 - 107 St.
Edmonton, Alberta T5H 2Y5
Schindler Elevator Corporation
527 Manitou Rd. SE
Calgary, Alberta T2G 4C2
Special Systems & Equipment (Consulting Services)
5016 - 40 Ave. NW
Calgary, Alberta T3A 0X3
Sterling Elevator Co.
11420 - 142 St.
Edmonton, Alberta T5M 1V1
University of Alberta Department of Physical Plant
420 General Services Building Edmonton, Alberta T6G 2E1
Vinspec Ltd.
114 - 723 - 57 Ave. SW
Calgary, Alberta T2V 4Z3
------------------------------
Alberta Regulation 49/96
Government Organization Act
RADIATION HEALTH ADMINISTRATION REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 125/96) pursuant to
Schedule 10,
section 2 of the Government Organization Act.
Table of Contents
Definitions 1
Delegation 2
Authorization to collect 3
Conditions 4
Limiting legal liability 5
Appeals of actions or decisions 6
Records 7
Reporting 8
Coming into force 9
Expiry 10
Schedules
Definitions
1 In this Regulation,
(a) "Act" means the Government Organization Act;
(b) "administrative agreement" means the written administrative
agreement between the Minister and a radiation health administrative
organization;
(c) "authorization agreement" means a written authorization
agreement between the Minister and a radiation protection agency;
(d) "authorized entity" means an authorized radiation health
administrative organization and an authorized radiation protection agency;
(e) "authorized radiation health administrative organization" means
a radiation health administrative organization that has entered into an
administrative agreement;
(f) "authorized radiation protection agency" means a radiation
protection agency that has entered into an authorization agreement;
(g) "designated radiation equipment" means radiation equipment
designated in the Radiation Protection Regulation (Alta. Reg. 162/90) as
requiring a registration certificate;
(h) "Director" means the Director of Radiation Health as defined
under the Radiation Protection Act;
(i) "freedom of information co-ordinator" means an employee under
the administration of the Minister and designated by the Deputy Minister as
a freedom of information co-ordinator;
(j) "Minister" means the minister determined under
section 16 of
the Government Organization Act as the minister responsible for the
Radiation Protection Act, and "Deputy Minister" means the deputy of that
minister;
(k) "radiation health administrative organization" means an
organization listed in Column 1 of
Schedule 1;
(l) "radiation health officer" means radiation health officer under
the Radiation Protection Act;
(m) "radiation protection agency" means an organization listed in
Column 1 of
Schedule 2;
(n) "registration certificate" means a registration certificate
issued by the Director in accordance with the Radiation Protection Act and
the Radiation Protection Regulation (Alta. Reg. 162/90).
Delegation
2(1) All the powers, duties and functions of the Director in sections
8(1)(d), (2) and (3), 10(2), (3), (4), (6) and (8) and 15(5) of the
Radiation Protection Act are delegated to authorized radiation health
administrative organizations with respect to the radiation equipment listed
in Column 2 of
Schedule 1 when it is used for a purpose listed in Column 3,
of the row in
Schedule 1 that applies to the organization.
(2) All the powers, duties and functions of the Director in
section 9(
b) of the Radiation Protection Regulation (Alta. Reg. 162/90) are delegated to
authorized radiation health administrative organizations with respect to
radiation equipment listed in Column 2 of
Schedule 1 when it is used for a
purpose listed in Column 3, of the row in
Schedule 1 that applies to the
organization.
(3) All the powers, duties and functions of a radiation health officer in
section 10(7) and
section 15(1)(
a) to (
d) and (
f) and (3) and (4) of the
Radiation Protection Act are delegated to authorized radiation health
administrative organizations with respect to radiation equipment listed in
Column 2 of
Schedule 1 when it is used for a purpose listed in Column 3, of
the row in
Schedule 1 that applies to the organization.
(4) All the powers, duties and functions of a radiation health officer in
section 15(1) and (4) of the Radiation Protection Act are delegated to
authorized radiation protection agencies with respect to the radiation
equipment listed in Column 2 of
Schedule 2 when it is used for the purpose
listed in Column 3, of the row of
Schedule 2 that applies to the agency.
(5) All the powers, duties and functions of a radiation health officer in
section 16(1) of the Radiation Protection Act for the issuance of written
directives and the reporting of workers' conduct to the registrar of the
appropriate health disciplines designated pursuant to the Health
Disciplines Act are delegated to authorized radiation health administrative
organizations with respect to the radiation equipment listed in Column 2 of
Schedule 1 when it is used for the purpose listed in Column 3, of the row
in
Schedule 1 that applies to the organization.
(6) All the powers, duties and functions of the Minister to issue a
written directive under
section 16(2) of the Radiation Protection Act and
the powers, duties and functions of the Minister under
section 13(2) of the
Radiation Protection Act are delegated to authorized radiation health
administrative organizations with respect to the radiation equipment listed
in Column 2 of
Schedule 1 when it is used for a purpose listed in Column 3,
of the row of
Schedule 1 that applies to the organization.
Authorization to collect
3 The authorized entities are authorized
(
a) to impose, with the approval of the Minister, assessments, fees
and charges, and
(
b) to collect money by the levy of assessments, fees and charges,
with respect to the powers, duties and functions delegated to them under
this Regulation, and may use this money for the purposes of costs incurred
in carrying out delegated powers, duties and functions in accordance with
the administrative agreement or authorization agreement..
Conditions
4(1) The delegation of powers, duties and functions under
section 2(1) to
(3) and (5) and (6) is subject to the following conditions:
(
a) an authorized radiation health administrative organization may
only exercise the powers and perform the duties and functions delegated to
it by this Regulation with respect to radiation equipment listed in Column
2 of
Schedule 1 when it is used for the corresponding purpose listed in
Column 3, of the row in
Schedule 1 that applies to the organization;
(
b) an authorized radiation health administrative organization may
only exercise its powers and authorizations, and perform its duties and
functions delegated to it by this Regulation within the limitations set out
in the applicable administrative agreement;
(
c) an authorized radiation health administrative organization must
comply with this Regulation;
(
d) neither an authorized radiation health administrative
organization nor its employees or agents may lay an information to
prosecute any person under the Radiation Protection Act, or regulations
under that Act, without the consent of the Deputy Minister;
(
e) in accordance with the standards established in
Part 1 of the
Freedom of Information and Protection of Privacy Act, any confidential
information acquired by an authorized radiation health administrative
organization, its directors, officers, employees and agents in the course
of carrying out their powers, duties and functions under this Regulation
must be kept confidential and the privacy of each individual must be
protected from unreasonable invasion of privacy and not be made known to
any other person except as is necessary to carry out those powers, duties
and functions;
(
f) if an authorized radiation health administrative organization
receives a request for information under the Freedom of Information and
Protection of Privacy Act, the request must be directed to the freedom of
information co-ordinator, the authorized radiation health administrative
organization must respond to the request as instructed by the co-ordinator
and, with the consent of the Minister, the organization may disclose the
information;
(
g) an authorized radiation health administrative organization must
designate a person to be responsible for freedom of information matters and
matters related to records management;
(
h) all information related to this Regulation and all the
information generated or capable of being generated by the computer
software that relates to this Regulation is owned by the Government of
Alberta.
(2) The delegation of powers, duties and functions under
section 2(4) is
subject to the following conditions:
(
a) an authorized radiation protection agency may only exercise the
powers and perform the duties and functions delegated to it by this
Regulation with respect to the radiation equipment listed in Column 2 of
Schedule 2 when it is used for the purpose listed in Column 3, of the row
in
Schedule 2 that applies to the agency;
(
b) an authorized radiation protection agency may only exercise the
powers and perform the duties and functions delegated to it by this
Regulation within the limitations set out in the authorization agreement;
(
c) an authorized radiation protection agency must comply with this
Regulation;
(
d) neither an authorized radiation protection agency nor its
employees or agents may lay an information to prosecute any person under
the Radiation Protection Act or regulations under that Act, without the
consent of the Deputy Minister;
(
e) in accordance with the standards established in
Part 1 of the
Freedom of Information and Protection of Privacy Act, any confidential
information acquired by an authorized radiation protection agency, its
directors, officers, employees and agents in the course of carrying out
their powers, duties and functions under this Regulation must be kept
confidential and the privacy of each individual must be protected from
unreasonable invasion of privacy and not be made known to any other person
except as is necessary to carry out those powers, duties and functions;
(
f) if an authorized radiation protection agency receives a request
for information under the Freedom of Information and Protection of Privacy
Act, the request must be directed to the freedom of information
co-ordinator and the authorized radiation protection agency must respond to
the request as instructed by the co-ordinator and with the consent of the
Minister may disclose the information;
(
g) an authorized radiation protection agency must designate a
person to be responsible for freedom of information matters and matters
related to records management;
(
h) all information related to this Regulation and all information
generated or capable of being generated by the computer software that
relates to this Regulation is owned by the Government of Alberta.
(3) All money received by an authorized entity under the authority of this
Regulation must be recorded and accounted for in accordance with generally
accepted accounting principles.
(4) An authorized entity must provide receipts for money received by it on
request of the person paying the money.
(5) An authorized entity is authorized to use the money collected by it
under this
section for the purpose of costs incurred in carrying out its
powers, duties and functions under this Regulation.
Limiting legal liability
5(1) No action lies against an authorized entity or all or any of its
directors, officers, agents or employees for anything done or not done by
any of them in good faith while carrying out their powers, duties and
functions under this Regulation.
(2) If an authorized radiation health administrative organization engages
the services of an authorized radiation protection agency, the authorized
radiation health administrative organization is not liable for any
negligence or nuisance by the authorized radiation protection agency that
causes an injury, loss or damage to any person or property.
Appeals of actions or decisions
6(1) Pursuant to
section 2(1)(
e) of
Schedule 10 of the Act, a person
affected by an action taken by or a decision made by an authorized entity
or its employees in relation to the carrying out of delegated powers,
duties and functions and concerning a matter not governed by
section 17 of
the Radiation Protection Act may request in writing that the Minister
review the action or decision.
(2) The Minister may decide whether to conduct a review under subsection
(1).
(3) On conducting a review, the Minister may confirm, vary or revoke the
action or decision that is the subject-matter of the review.
(4) A decision made by the Minister with respect to a review under this
section is final.
Records
7(1) All records in the custody or under the control of an authorized
entity that are required in the carrying out of its powers, duties and
functions must be managed, maintained and disposed of in accordance with
subsection (2) and
(
a) the Records Management Regulation (Alta. Reg. 57/95), or
(
b) a regulation that replaces the Records Management Regulation
(Alta. Reg. 57/95).
(2) The following conditions apply to the records described in subsection
(1):
(
a) management of the records must be under the direction of senior
records officer who is an employee under the administration of the
Minister;
(
b) the authorized entity must designate a person to be responsible
for records management and freedom of information and privacy matters;
(
c) in accordance with the standards of protection of privacy
established under
Part 1 of the Freedom of Information and Protection of
Privacy Act, any confidential information recorded by an authorized entity
and its directors, officers, employees and agents must be kept
confidential, and the authorized entity must establish appropriate rules to
ensure that those standards are met;
(
d) all records created or maintained in the course of carrying out
the powers, duties and functions under this Regulation become and remain
the property of the Crown in right of Alberta;
(
e) if an authorized entity receives a request for information in
the records under the Freedom of Information and Protection of Privacy Act,
the request must be directed to the freedom of information co-ordinator and
any records required must, with the consent of the Minister, be provided
within 7 days of the request.
Reporting
8 An authorized entity must report on its activities to the Minister at
least once a year, at a time and in a manner specified by the Minister as
set out in the administration agreement and in accordance with
section 10
of
Schedule 10 of the Act.
Coming into force
9 This Regulation comes into force on April 1, 1996.
Expiry
10 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be repassed in
its present or amended form following a review, this Regulation expires on
December 31, 2000.
SCHEDULE 1
(Organizations)
ROW
COLUMN 1
COLUMN 2
COLUMN 3
College of Physicians and Surgeons
Therapeutic or diagnostic
X-ray equipment;
Therapy simulator equipment;
Cabinet x-ray equipment;
Class 3b and 4 lasers
Installed or operated within medical facilities excluding medical
facilities owned by a Regional Health Authority
Alberta Dental Association
Diagnostic
X-ray equipment;
Class 3b and 4 lasers
Installed or operated within dental facilities excluding dental facilities
owned by a Regional Health Authority, NAIT or SAIT
University of Calgary
Cabinet x-ray equipment;
Class 3b and 4 lasers;
Diffraction and analysis x-ray equipment;
Industrial radiographic and fluoroscopic equipment;
Irradiation equipment;
Particle accelerators
Installed or operated within facilities owned or operated by the University
of Calgary
SCHEDULE 2
(Agencies)
ROW
COLUMN 1
COLUMN 2
COLUMN 3
Patterson Dental 101-2750 22 St. N.E. Calgary, Alberta T2E 7L9
Class 3b and 4 lasers;
Diagnostic x-ray equipment
Installed or operated within dental facilities
X-Radiation Q.C. Services 145 McGill Blvd. Lethbridge, Alberta T1K 3V9
Baggage inspection x-ray equipment;
Cabinet x-ray equipment;
Class 3b and 4 laser;
Diagnostic or therapeutic x-ray equipment;
Diffraction and analysis x-ray equipment;
Industrial radiographic and fluoroscopic x-ray equipment;
Irradiation equipment;
Particle accelerators equipment;
Security x-ray equipment;
Therapy simulator equipment
Installed or operated within chiropractic, commercial, dental, education,
entertainment, industrial, medical, physical therapy, podiatry, research
and veterinary facilities.
Innomed Christie Group 18208-102 Ave. Edmonton, Alberta T5S 1S7
Diagnostic or therapeutic x-ray equipment;
Therapy simulator equipment
Installed or operated within chiropractic, dental, medical, podiatry and
veterinary facilities
Ash Temple Bay 12, 6320-11 St. S.E. Calgary, Alberta T2H 2L7
Class 3b and 4 lasers; Diagnostic x-ray equipment
Installed or operated within dental facilities
University of Calgary 2500 University Dr. N.W. Calgary, Alberta T2N 1N4
Cabinet x-ray equipment;
Class 3b and 4 lasers;
Diffraction and analysis x-ray equipment;
Industrial radiographic and fluoroscopic equipment;
Irradiation equipment;
Particle accelerators
Installed or operated within education, research and veterinary facilities
Canadian Dental 250 Sioux Road Sherwood Park, Alberta T8A 3X5
Class 3b and 4 lasers;
Diagnostic x-ray equipment
Installed or operated within dental facilities
Radiation Physics Consultants
6508-109 Avenue Edmonton, Alberta T6A 1S2
Baggage inspection x-ray equipment;
Cabinet x-ray equipment;
Diagnostic/therapeutic x-ray equipment;
Industrial radiographic and fluoroscopic equipment
Installed or operated within chiropractic, commercial, dental, education,
industrial, medical, podiatry, research and veterinary facilities
------------------------------
Alberta Regulation 50/96
Radiation Protection Act
RADIATION PROTECTION AMENDMENT REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 126/96) pursuant to
section 18 of the Radiation Protection Act.
1 The Radiation Protection Regulation (Alta. Reg. 162/90) is amended by
this Regulation.
Section 1 is amended
(
a) by repealing clause (b);
(
b) by adding the following after clause (d):
(d.1) "Radiation Health Administration Regulation" means
the Radiation Health Administration Regulation under the Government
Organization Act;
(
c) by repealing clause (f).
Section 6(2) is repealed.
Section 7(1) is amended by repealing clauses (h), (i), (l), (n), (p),
(q), (r), (s), (
t) and (u).
Section 8 is amended
(
a) by striking out "install,";
(
b) by adding "current" after "unless a".
Section 10 is amended
(
a) in subsection (1) by adding "a term and renewal date and"
after "prescribe";
(
b) by adding the following after subsection (2):
(3) An owner who wishes to operate designated radiation equipment
must renew a registration certificate prior to the date on which the
registration certificate expires.
(4) A registration certificate issued prior to April 1, 1996 expires
on December 1, 1996.
(5) A registration certificate issued on or after April 1, 1996
expires annually on March 31 unless otherwise stated in the registration
certificate, as issued by the Director.
7 The heading preceding
section 20 is amended by striking out "AND
ULTRASOUND".
Section 21(2) is amended by striking out "the American National
Standard Institute's Standard Z136.3-1988, the "American National Standard
for the Safe Use of Lasers in Health Care Facilities"" and substituting
""CAN/CSA-Z-386-92 Laser Safety in Health Care Facilities" published by the
Canadian Standards Association".
9 Sections 22 to 28 are repealed.
Schedule 3 is repealed and the following is substituted:
SCHEDULE 3
MAXIMUM EXPOSURE LIMITS
FOR NON-IONIZING RADIATION
Type of Radiation
Maximum Exposure Limit
Laser
As prescribed in the American National Standards Institute's Standard
Z136.1-1986, the "American National Standard for the Safe Use of Lasers".
11 The Regulation comes into force on April 1, 1996.
------------------------------
Alberta Regulation 51/96
Environmental Protection and Enhancement Act
WASTE CONTROL AMENDMENT REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 129/96) pursuant to
section 155 of the Environmental Protection and Enhancement Act.
1 The Waste Control Regulation (Alta. Reg. 129/93) is amended by this
Regulation.
Section 15 is amended
(
a) by repealing clause (c);
(
b) by repealing clause (
e) and substituting the following:
(
e) within 300 m of the shore of
(
i) a natural area that permanently
contains water, such as a river, lake or creek;
(ii) a man-made surface feature that
permanently contains water, such as an irrigation canal or drainage ditch,
but is not a roadside ditch, dugout or reservoir.
------------------------------
Alberta Regulation 52/96
Alberta Health Care Insurance Act
ALBERTA HEALTH CARE INSURANCE AMENDMENT REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 133/96) pursuant to
sections 6 and 30 of the Alberta Health Care Insurance Act.
1 The Alberta Health Care Insurance Regulation (Alta. Reg. 216/81) is
amended by this Regulation.
Section 21 is amended
(
a) in clause (e)
(
i) by adding the following after subclause (ii):
(ii.1) the Corrections and Conditional
Release Act (Canada),
(ii) by repealing subclause (vi);
(
b) by repealing clause (k.1) and substituting the following:
(k.1) services provided outside Canada that are available
inside Canada, (other than services provided in the case of an emergency)
without the prior approval of the Minister unless the Minister directs
otherwise;
(k.2) services provided outside Canada that are not
available inside Canada unless approved by the Out of Country Health
Services Committee;
Section 25 is amended
(
a) by renumbering clause (
a) as clause (a.1) and adding the
following before clause (a.1):
(a) "Appeal Panel" means the Out-of-Country Health
Services Appeal Panel established under Division 4;
(
b) by adding the following after clause (b):
(c) "OOCHSC" means the Out-of-Country Health Services
Committee established under Division 4.
4 The heading before
section 26.1 is amended by striking out
"Out-of-Province Supplementary Assistance" and substituting "Out-of-Country
Health Services".
Section 26.1 is amended
(
a) in subsection (1)
(
i) by striking out "to the Minister for" and
substituting "in writing to OOCHSC for approval of";
(ii) by striking out "Alberta" wherever it occurs and
substituting "Canada";
(
b) by repealing subsection (2).
Section 27(1) is amended by striking out "or 26.1" wherever it occurs.
Section 28 is amended by striking out "or 26.1".
8 The following is added after
section 28:
Division 4
Out-of-Country Health Services Committee
28.01(1) The Out-of-Country Health Services Committee is hereby
established.
(2) The membership of OOCHSC consists of 4 members, who are
physicians, appointed by the Minister for a term
(
a) in the case of a member, of up to 3 years, and
(
b) in the case of a member who is designated as the
chair, of up to 5 years.
(3) Members of OOCHSC, including a member designated as the Chair,
are eligible for re-appointment on the expiry of the term of their
appointments.
(4) The Minister may designate a member of OOCHSC as the Chair and a
member as the Vice-chair.
(5) The quorum of OOCHSC is 2 members.
(6) Remuneration and expenses payable to the members of OOCHSC who
are not employees of the Government is twice the rate set out in
Schedule
1, Part A of the Committee Remuneration Order, O.C. 769/93.
28.02(1) On and after the coming into force of this
section OOCHSC
shall review, evaluate and decide on all applications made under
section
26.1, including those commenced but not withdrawn or disposed of before the
coming into force of this section.
(2) The Chair and Vice-chair, when acting as Chair, shall not cast a
vote except in the case of a tie and that vote is a deciding vote.
(3) A decision of the majority of the members of OOCHSC is deemed
to be a decision of OOCHSC.
(4) OOCHSC shall, on the request of the Minister,
(
a) submit reports to the Minister on its activities;
(
b) carry out any other activities related to insured
services and insured hospital services that the Minister considers
appropriate.
28.03(1) Notwithstanding
section 26.1, an application under
section
26.1 may be made on behalf of a resident to OOCHSC
(
a) by the resident's personal representative, or
(
b) by a physician registered under the Medical
Profession Act.
(2) An application must include information, including medical
information, that, in the opinion of OOCHSC, is sufficient for OOCHSC to
evaluate the application.
(3) OOCHSC shall review each application that meets the requirements
of subsections (1) and (2) and decide, within 60 days of receiving the
application,
(
a) whether the services are insured services or
insured hospital services,
(
b) whether payment with respect to insured services
and insured hospital services received or to be received outside of Canada
is to be approved, and
(
c) the amount of payment with respect to the insured
services or insured hospital services that may be made.
(4) In making a decision under subsection (3), OOCHSC may not
approve payment for
(
a) subsistence and accommodation costs of the person
receiving insured services or insured hospital services outside of Canada
nor of anyone who accompanies that person,
(
b) insured services or insured hospital services
provided outside Canada if the services are available in Canada, and
(
c) services that, in the opinion of OOCHSC, are
experimental or applied research.
(5) OOCHSC shall within 5 days, excluding Saturdays, Sundays and
holidays, send
(
a) a written copy of its decision with reasons to
each of the Minister and the applicant and, if the applicant is the
physician or personal representative, to the person with respect to whom
the application is made, and
(
b) advice to the applicant and, if the applicant is
the physician or a personal representative, to the person with respect to
whom the application is made on the right to appeal the decision.
28.04 An applicant may appeal a decision of the OOCHSC under
section 28.03 to the Appeal Panel by submitting a notice of appeal to the
Appeal Panel within 60 days of receipt of the decision.
28.05(1) The Out-of-Country Health Services Appeal Panel is hereby
established.
(2) The Appeal Panel consists of 5 members appointed by the
Minister, of which 3 must be physicians, one must be an ethicist and one
must be a member of the general public.
(3) The term of a member is the term specified by the Minister in
the appointment.
(4) The Minister may designate a member of the Appeal Panel as the
Chair and a member of the Appeal Panel as the Vice-chair.
(5) A quorum of the Appeal Panel consists of 3 members, 2 of whom
must be physicians.
(6) Payment of remuneration and expenses to the members of the
Appeal Panel who are not employees of the Government is,
(
a) in the case of a member who is a physician, 2 times
the rate set out in
Schedule 1, Part A of the Committee Remuneration Order,
O.C. 769/93, and
(
b) in the case of a member who is not a physician, 1.5
times the rate set out in
Schedule 1, Part A of the Committee Remuneration
Order, O.C. 769/93.
28.06(1) The Chair and the Vice-chair, when acting as Chair, shall
not cast a vote except in the case of a tie and that vote is a deciding
vote.
(2) A decision of the majority of the members of the Appeal Panel
who hear the appeal is deemed to be a decision of the Appeal Panel.
28.07(1) The Appeal Panel shall review the applicant's application
and the OOCHSC's decision if a notice of appeal is received within 60 days
of the appellant receiving the decision under
section 28.03.
(2) In reviewing the OOCHSC's decision the Appeal Panel shall review
the written decision and reasons and the matters referred to in
section
28.03(3) and (4).
(3) An appeal must be heard and a decision made within 30 days of
receipt of a notice of appeal.
(4) The Appeal Panel may confirm or vary the decision of the OOCHSC
or substitute its decision for the OOCHSC decision.
(5) The Appeal Panel shall within 5 days, excluding Saturdays,
Sundays and holidays, send a written copy of its decision with reasons to
each of the members of the OOCHSC and the appellant and, if the appellant
is the physician or personal representative, to the person with respect to
whom the appeal is made.
------------------------------
Alberta Regulation 53/96
Municipal Government Act
SUBDIVISION AND DEVELOPMENT AMENDMENT REGULATION
Filed: March 27, 1996
Made by the Lieutenant Governor in Council (O.C. 134/96) pursuant to
section 694 of the Municipal Government Act.
1 The Subdivision and Development Regulation (Alta. Reg. 212/95) is
amended by this Regulation.
Section 10(1) is amended
(
a) by striking out "in development" and substituting "in permanent
additional overnight accommodation or public facilities, as defined by the
AEUB,";
(
b) by striking out "the development" and substituting "that
permanent additional overnight accommodation or public facilities".
Alberta Regulation 54/96
Mobile Home Sites Tenancies Act
MOBILE HOME SITES TENANCIES MINISTERIAL REGULATION
Filed: March 28, 1996
Made by the Minister of Municipal Affairs (M.O. H:019/96) pursuant to
section 56.1 of the Mobile Home Sites Tenancies Act.
Table of Contents
Definitions 1
Termination of periodic tenancies 2
Inspection reports 3
Abandoned goods 4
Establishing tenant's liabilities 5
Trustee of security deposit 6
Investment of security deposit trust account 7
Withdrawals from security deposit trust account 8
Trustee Act 9
Forms 10
Commencement 11
Expiration of regulation 12
Schedule
Definitions
1 In this Regulation,
(a) "non-owner landlord" in respect of a mobile home site means a
person who falls within the definition of landlord in the Act, other than
an owner of the mobile home site or an employee of the owner;
(b) "security deposit trust account" means a trust account
established under
section 42.1 of the Act for security deposits consisting
of money.
Termination of periodic tenancies
2(1) In this section, "relative" includes any relative by affinity.
(2) For the purposes of
section 4.1 of the Act, a landlord may terminate
the periodic tenancy of a tenant for one or more of the following reasons:
(
a) the landlord or a relative of the landlord is going to occupy
the mobile home site after the tenant vacates the site;
(
b) the landlord has entered into an agreement to sell the mobile
home site of the tenant in which all conditions have been satisfied or
waived and
(
i) the purchaser or a relative of the purchaser is
going to occupy the mobile home site after the tenant vacates the site, and
(ii) the purchaser requests in writing that the landlord
give the tenant a notice to terminate the tenancy;
(
c) utilities on the mobile home site of the tenant are to be
installed, repaired or improved and it is not reasonable to do the work
unless the site is unoccupied;
(
d) in the case of a tenancy of a mobile home site located in a
mobile home park, the site is to be eliminated or the boundaries of the
site are to be substantially altered through
(
i) a reconfiguration of the whole or part of the
mobile home park, or
(ii) the creation, widening or reconfiguration of a road
in the mobile home park;
(
e) in the case of a tenancy of a mobile home site that is not
located in a mobile home park, the land in the mobile home site is no
longer to be used as a mobile home site.
Inspection reports
3(1) In this section, "landlord" includes a landlord's agent and "tenant"
includes a tenant's agent.
(2) This
section sets out the statements that must be contained in a
report of an inspection made under
section 17.2 of the Act and the signing
requirements for the report.
(3) A report must contain the following statement:
When an inspection of a mobile home site is required under the Mobile
Home Sites Tenancies Act and a mobile home is being moved onto or from the
mobile home site, the inspection must be done when the site is vacant
unless the landlord and tenant or their agents otherwise agree.
(4) When an inspection is conducted by the landlord and the tenant, the
report must contain the following statement and be signed by the landlord:
The inspection of the mobile home site was conducted on (date) by
(landlord or landlord's agent) and by (tenant or the tenant's agent).
(5) When an inspection is conducted by the landlord and the tenant, the
report must contain one of the following statements and be signed by the
tenant:
(
a) Tenant's statement
I, (name of tenant or tenant's agent) , agree that this
report fairly represents the condition of the mobile home site.
(
b) Tenant's statement
I, (name of tenant or tenant's agent) , disagree that this
report fairly represents the condition of the mobile home site for the
following reasons:
(6) When the tenant refuses to sign one of the tenant's statements
referred to in subsection (5), the report must contain the following
statement and be signed by the landlord:
The tenant or tenant's agent present at the inspection refused to
sign the tenant's statement.
(7) When an inspection is conducted by the landlord without the tenant
being present, the report must contain the following statement and be
signed by the landlord:
The inspection of the mobile home site was conducted on (date) by
(landlord or landlord's agent) without the tenant or the tenant's agent
being present.
Abandoned goods
4(1) The prescribed amount for the purposes of
section 28(2) and (3) of
the Act is $1000.
(2) The prescribed period for the purposes of
section 28(4)(
a) of the Act
is 30 days.
Establishing tenant's liabilities
5(1) In this section, "tenant" includes a person who was a tenant of a
mobile home site, whose tenancy has expired or been terminated and who has
vacated the mobile home site.
(2) A tenant's liability to a landlord for rent is established for the
purposes of sections 28(9) and 29(7) of the Act if the landlord
(
a) makes an affidavit that sets out
(
i) the amount of rent owing by the tenant, and
(ii) the amount, if any, that the landlord is entitled
to deduct from the tenant's security deposit for unpaid rent,
and
(
b) mails the affidavit to the last known address of the tenant and
provides a copy of the affidavit to the Superintendent of Real Estate.
(3) A tenant's liability to the landlord for damage to the mobile home
site that has been repaired is established for the purposes of sections
28(9) and 29(7) of the Act if the landlord
(
a) makes an affidavit that sets out
(
i) the damage to the site,
(ii) if the landlord hired someone to repair the damage,
the cost of the repairs based on receipts attached to the affidavit as an
exhibit,
(iii) if the landlord made the repairs, the cost of the
repairs based on receipts for materials attached to the affidavit as an
exhibit and a reasonable amount for the landlord's labour, and
(iv) the amount, if any, that the landlord is entitled
to deduct from the tenant's security deposit for damage,
and
(
b) mails the affidavit to the last known address of the tenant and
provides a copy of the affidavit to the Superintendent of Real Estate.
(4) In addition to the methods for establishing a tenant's liability under
subsections (2) and (3), any liability of the tenant to a landlord in
respect of a tenancy is established for the purposes of sections 28(9) and
29(7) of the Act if the landlord obtains a judgment against the tenant.
Trustee of security deposit
6(1) If a tenancy agreement is between
(
a) a non-owner landlord and a tenant, or
(
b) a non-owner landlord as agent and a tenant,
the non-owner landlord is the sole trustee of the money paid by the tenant
as a security deposit.
(2) A non-owner landlord of a mobile home site who, under subsection (1),
is the sole trustee of the security deposit shall hold and administer the
security deposit trust account that contains the security deposit until the
non-owner landlord ceases to be a landlord of the site.
(3) The owner of a mobile home site shall not hold and administer a
security deposit trust account in respect of the site if a non-owner
landlord of the site is required under subsection (2) to hold and
administer the trust account.
Investment of security deposit trust account
7 Money in a security deposit trust account may be invested only in
deposit receipts, deposit notes, certificates of deposit, acceptances and
other similar instruments issued by or guaranteed as to principal and
interest by a bank, credit union, loan corporation, treasury branch, trust
corporation or insurance company authorized to carry on business in
Alberta.
Withdrawals from security deposit trust account
8(1) If a landlord is entitled under the Act to money in a security
deposit trust account, the money may be withdrawn from the trust account
and transferred to the landlord.
(2) Money that has been withdrawn from the security deposit trust account
by a non-owner landlord for the purpose of transferring it to the landlord
who is entitled to the money is subject to the terms of any agreement or
trust respecting that money between the non-owner landlord and the landlord
entitled to the money.
Trustee Act
9 Sections 3 to 9, 12 to 15, 34 and 35 of the Trustee Act do not apply to
the trustee of a security deposit trust account.
Forms
10 The forms in the
Schedule may be used by landlords and tenants.
Commence-ment
11 This Regulation comes into force on April 1, 1996.
Expiration of regulation
12 For the purpose of ensuring that this Regulation is reviewed for
ongoing relevancy and necessity, with the option that it may be re-passed
in its present or an amended form following a review, this Regulation
expires on December 31, 2000.
SCHEDULE
FORM 1
This notice may be used by a landlord to terminate a periodic tenancy.
LANDLORD'S NOTICE TO TERMINATE
A PERIODIC TENANCY
TO: (Name of Tenant)
(Address, including postal code)
I give you notice that the periodic tenancy between me as landlord and you
as tenant for (identify the mobile home site) is terminated on (date) .
You are required to vacate the mobile home site by (time) on that
date. (Section 17.3 of the Mobile Home Sites Tenancies Act states that a
tenancy terminates at 12 noon on the last day of the tenancy unless the
landlord and tenant agree to a different time.)
The tenancy is being terminated for the following reason(s):
(A periodic tenancy may be terminated using this notice only for the
reasons set out in the Mobile Home Sites Tenancies Ministerial Regulation
or for the reasons set out in
section 10 or 11 of the Act.)
Dated this day of , 19 .
(Signature of Landlord or Landlord's Agent)
(Print Name of Landlord or Landlord's Agent)
(Address, including postal code)
(Telephone)
FORM 2
This notice may be used by a tenant to terminate a periodic tenancy.
TENANT'S NOTICE TO TERMINATE
A PERIODIC TENANCY
TO: (Name of Landlord)
(Address, including postal code)
I give you notice that the periodic tenancy between me as tenant and you as
landlord for (identify the mobile home site) is terminated on (date). I
will vacate the mobile home site by (time) on that date. (Section 17.3
of the Mobile Home Sites Tenancies Act states that a tenancy terminates at
12 noon on the last day of the tenancy unless the landlord and tenant agree
to a different time.)
Dated this day of , 19 .
(Signature of Tenant or Tenant's Agent)
(Print Name of Tenant or Tenant's Agent)
(Address, including postal code)
(Telephone)
FORM 3
This notice may be used by a landlord to terminate a tenancy under
section
27 of the Act when the tenant commits a substantial breach.
LANDLORD'S NOTICE TO TERMINATE TENANCY
TO: (Name of Tenant)
(Address, including postal code)
I give you notice that the tenancy between me as landlord and you as tenant
for (identify the mobile home site) is terminated on (date) . You are
required to vacate the mobile home site by (time) on that date. (Section
17.3 of the Mobile Home Sites Tenancies Act states that a tenancy
terminates at 12 noon on the last day of the tenancy unless the landlord
and tenant agree to a different time.)
The tenancy is being terminated because you have committed the following
substantial breach of our tenancy agreement:
(The Act defines substantial breach as a breach of a covenant
specified in
section 20 of the Act or a series of breaches of a tenancy
agreement, the cumulative effect of which is substantial.)
Dated this day of , 19 .
(Signature of Landlord or Landlord's Agent)
(Print Name of Landlord or Landlord's Agent)
(Address, including postal code)
(Telephone)
FORM 4
This notice may be used by a landlord to terminate a tenancy under
section
27.1 of the Act when the tenant has
(
a) done or permitted significant damage to the mobile home site,
the common areas or the property of which they form a part, or
(
b) physically assaulted the landlord or other tenants.
LANDLORD'S NOTICE TO TERMINATE TENANCY
TO: (Name of Tenant)
(Address, including postal code)
I give you notice that the tenancy between me as landlord and you as tenant
for (identify the mobile home site) is terminated on (date). You are
required to vacate the mobile home site by (time) on that date.
The tenancy is being terminated for the following reason(s):
Dated this day of , 19 .
(Signature of Landlord or Landlord's Agent)
(Print Name of Landlord or Landlord's Agent)
(Address, including postal code)
(Telephone)